WVC 29 A- 5 - 1
§29A-5-1. Notice required; hearing; subpoenas; witness fees,
etc.; depositions; records.
(a) In any contested case all parties shall be afforded an
opportunity for hearing after at least ten days' written notice.
The notice shall contain the date, time and place of the hearing
and a short and plain statement of the matters asserted. If the
agency is unable to state the matters in detail at the time the
notice is served, the initial notice may be limited to a
statement of the issues involved. Thereafter, upon application a
more definite and detailed statement shall be furnished. An
opportunity shall be afforded all parties to present evidence and
argument with respect to the matters and issues involved. The
required notice must be given as specified in section two,
article seven of this chapter. All of the testimony and evidence
at any such hearing shall be reported by stenographic notes and
characters or by mechanical means. All rulings on the
admissibility of testimony and evidence shall also be reported.
The agency shall prepare an official record, which shall include
reported testimony and exhibits in each contested case, and all
agency staff memoranda and data used in consideration of the
case, but it shall not be necessary to transcribe the reported
testimony unless required for purposes of rehearing or judicial
review. Informal disposition may also be made of any contested
case by stipulation, agreed settlement, consent order or default.
Each agency shall adopt appropriate rules of procedure for
hearing in contested cases.

(b) For the purpose of conducting a hearing in any contested case, any agency which now has or may be hereafter expressly
granted by statute the power to issue subpoenas or subpoenas
duces tecum or any member of the body which comprises such agency
may exercise such power in the name of the agency. Any such
agency or any member of the body which comprises any such agency
may exercise such power in the name of the agency for any party
upon request. Under no circumstances shall this chapter be
construed as granting the power to issue subpoenas or subpoenas
duces tecum to any agency or to any member of the body of any
agency which does not now by statute expressly have such power.
When such power exists, the provisions of this section shall
apply. Every such subpoena and subpoena duces tecum shall be
served at least five days before the return date thereof, either
by personal service made by any person over eighteen years of age
or by registered or certified mail, but a return acknowledgment
signed by the person to whom the subpoena or subpoena duces tecum
is directed shall be required to prove service by registered or
certified mail. All subpoenas and subpoenas duces tecum shall be
issued in the name of the agency, as aforesaid, but any party
requesting their issuance must see that they are properly served.
Service of subpoenas and subpoenas duces tecum issued at the
instance of the agency shall be the responsibility of the agency.
Any person who serves any such subpoena or subpoena duces tecum
shall be entitled to the same fee as sheriffs who serve witness
subpoenas for the circuit courts of this state; and fees for the
attendance and travel of witnesses shall be the same as for
witnesses before the circuit courts of this state. All such fees shall be paid by the agency if the subpoena or subpoena duces
tecum were issued, without the request of an interested party, at
the instance of the agency. All such fees related to any subpoena
or subpoena duces tecum issued at the instance of an interested
party shall be paid by the party who asks that such subpoena or
subpoena duces tecum be issued. All requests by interested
parties for subpoenas and subpoenas duces tecum shall be in
writing and shall contain a statement acknowledging that the
requesting party agrees to pay such fees. Any such agency may
compel the attendance of witnesses and the production of books,
records or papers in response to such subpoenas and subpoenas
duces tecum. Upon motion made promptly and in any event before
the time specified in a subpoena duces tecum for compliance
therewith, the circuit court of the county in which the hearing
is to be held, or the circuit court in which the subpoena ducestecum was served, or the judge of either such court in vacation,
may grant any relief with respect to such subpoena duces tecum
which either such court, under the West Virginia Rules of Civil
Procedure for Trial Courts of Record, could grant, and for any of
the same reasons, with respect to a subpoena duces tecum issued
from either such court. In case of disobedience or neglect of
any subpoena or subpoena duces tecum served on any person, or the
refusal of any witness to testify to any matter regarding which
he may be lawfully interrogated, the circuit court of the county
in which the hearing is being held, or the judge thereof in
vacation, upon application by such agency or any member of the
body which comprises such agency, shall compel obedience by attachment proceedings for contempt as in the case of
disobedience of the requirements of a subpoena or subpoena duces
tecum issued from such circuit court or a refusal to testify
therein. Witnesses at such hearings shall testify under oath or
affirmation.

(c) Evidentiary depositions may be taken and read as in
civil actions in the circuit courts of this state.

(d) All hearings shall be conducted in an impartial manner.
The agency, any member of the body which comprises the agency, or
any hearing examiner or other person permitted by statute to hold
any such hearing for such agency, and duly authorized by such
agency so to do, shall have the power to: (1) Administer oaths
and affirmations, (2) rule upon offers of proof and receive
relevant evidence, (3) regulate the course of the hearing, (4)
hold conferences for the settlement or simplification of the
issues by consent of the parties, (5) dispose of procedural
requests or similar matters, and (6) take any other action
authorized by a rule adopted by the agency in accordance with the
provisions of article three of this chapter.

(e) Except where otherwise provided by statute, the hearing
in any contested case shall be held in the county selected by the
agency.

(f) Notwithstanding the provisions of subparagraph (a) of
this section, upon request to the agency from any party to the
hearing all reported testimony and evidence at such hearing shall
be transcribed, and a copy thereof furnished to such party at his
expense. The agency shall have the responsibility for making arrangements for the transcription of the reported testimony and
evidence, and such transcription shall be accomplished with all
dispatch.

Note: WV Code updated with legislation passed through the 2016 Regular Session
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